| Matter of Albarino, deceased |
| Motion No: 2009-02068 |
| Slip Opinion No: 2009 NY Slip Op 85196(U) |
| Decided on October 6, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M92801
S/cb
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2009-02068, 2009-02075 In the Matter of Rose F. Albarino, deceased. Henry D. Becker, appellant; Roxanne Kelly, et al., respondents.
(File No. 312/02)
| DECISION & ORDER ON MOTION |
Appeals by Henry D. Becker from two orders of the Surrogate's Court, Westchester County, both dated January 29, 2009. The appeals have not been perfected and the appellant has not sought an enlargement of time.
Now, on the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the stay granted by decision and order on motion dated March 27, 2009, is vacated forthwith.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and, FISHER JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court